Illinois Computer Research, LLC v. Google Inc. Doc.

180

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

ILLINOIS COMPUTER RESEARCH, LLC., )

Plaintiff and Counterclaim Defendant, )
)
v. )
)
FISH & RICHARDSON P.C., )
Defendant, Counterclaimant, Third-Party ) Civil Action No. 07 C 5081
Plaintiff and Counterclaim Defendant, )
) Honorable Rebecca R. Pallmeyer
v. )
) Magistrate-Judge Maria Valdez
SCOTT C. HARRIS, MEMORY CONTROL )
ENTERPRISE, LLC, BARTEX RESEARCH, LLC, )
INNOVATIVE BIOMETRIC TECHNOLOGY, LLC, )
PARKER INNOVATIVE TECHNOLOGIES, LLC, )
VIRGINIA INNOVATIVE TECHNOLOGY, LLC, )
INNOVATIVE PATENTED TECHNOLOGY, LLC )
AND ANY JOHN DOE SHELL ENTITIES, )
Third-Party Defendants. )

ICR’S MOTION TO STRIKE FISH’S MEMORANDUM

SUPPORTING ITS MOTION TO DISMISS, AND TO STRIKE
ALL OTHER PLEADINGS THAT MAKE REFERENCE TO
“SHELL ENTITIES” OR, IN THE ALTERNATIVE, TO REQUIRE FISH TO RE-
FILE ALL SUCH PLEADINGS WITHOUT REFERENCE TO PEJORATIVE TERMS

Fish has consistently sought to demean the companies to whom Scott Harris sold

his patents by calling them “shell entities.” That pejorative term suggests these companies

are improperly or illegally constituted:

Mr. Harris and the shell entities allege slander of title....

* * * *

Mr. Harris and the shell entities have now filed an amended complaint.

* * * *

Dockets.Justia.com
 Mr. Harris and the shell entities allege that, in September 2007, after the
litigation....

****

In this case, Mr. Harris and his paper entities....

(Fish & Richardson’s Memorandum in Support of Its Motion to Dismiss Mr. Harris’s and

the Sell Entities’ Counterclaims”; Document 174 at pp. 1, 3, 4 and 5; emphasis added).

Fish & Richardson, P.C. counterclaims against Illinois Computer Research,

LLC (“ICR”) and states its third-party complaint against Mr. Scott C. Harris
... and any John Doe Shell Entities as follows:

(Fish & Richardson P.C.’s Amended Counterclaim and Third-Party Complaint, Document

99, Exhibit 1 at 1-2; emphasis added).

Fish & Richardson additionally asserts counterclaims against ICR, the initial
plaintiff in this action, as well as third-party claims against all other shell
entities to whom Mr. Harris purported to “assign” patents....

(Id. at 5; emphasis added).

John Doe Shell Entities are any entity to whom Mr. Harris purported to
assign a patent or patent application, or who purportedly have acquired a
patent or patent application associated with Mr. Harris from another source.

(Id. at 7; emphasis added).

The third-party defendants here have not called Fish a “greedy law firm” or tagged

Fish’s clients as “serial infringers of lawfully issued United States patents.” Nor would they

do so.

Enough is enough. Fish’s repeated and malicious use of pejorative terms like “shell

entities” (a synonym for “patent troll,” a term other courts have condemned) should not be

permitted, especially when Fish even uses such terms as part of the definitions used in

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subpoenas to third parties. Pursuant to Federal Rule of Civil Procedure 12(f), the court

may order stricken from any pleading any “impertinent, or scandalous matter.” The Court

should restore civility to these proceedings by doing so here.

The third-party defendants have no objection to Fish refiling its motion and brief and

other pleadings referring to the so-called “shell entities,” by referring to them as third-party

defendants or by their actual names.

Respectfully submitted,

/s/ Raymond P. Niro

Raymond P. Niro
Paul K. Vickrey
Richard B. Megley, Jr.
Laura A. Kenneally
Niro, Scavone, Haller & Niro
181 West Madison, Suite 4600
Chicago, Illinois 60602-4635
(312) 236-0733
Fax: (312) 236-3137
Attorneys for Illinois Computer Research, LLC
and Scott C. Harris

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 CERTIFICATION OF SERVICE

The undersigned hereby certifies that a copy of the foregoing ICR’S MOTION TO
STRIKE FISH’S MEMORANDUM SUPPORTING ITS MOTION TO DISMISS, AND TO
STRIKE ALL OTHER PLEADINGS THAT MAKE REFERENCE TO “SHELL ENTITIES”
OR, IN THE ALTERNATIVE, TO REQUIRE FISH TO RE-FILE ALL SUCH PLEADINGS
WITHOUT REFERENCE TO PEJORATIVE TERMS was electronically filed with the Clerk
of Court using CM/ECF system, which will send notification by electronic mail to the
following:

David J. Bradford - dbradford@jenner.com

Eric A. Sacks - esacks@jenner.com
Daniel J. Weiss - dweiss@jenner.com
Terrence J. Truax - ttruax@jenner.com
Jenner & Block LLP
330 N. Wabash Avenue
Chicago, IL 60611
(312) 222-9350
Counsel for Fish & Richardson, P.C.

on May 30, 2008.

/s/ Raymond P. Niro